Opinion
No. 75-627.
December 16, 1975. Rehearing Denied January 13, 1976.
Appeal from Circuit Court, Dade County; Edward D. Cowart, Judge.
Joel Hirschhorn and Yale T. Freeman, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
The defendant pleaded nolo contendere to a charge of aiding in the conduct of a lottery. After judgment and sentence, his appeal raised the question of the sufficiency of the affidavit upon which the search warrant was issued; therefore, a question solely of law is raised, i.e., is the affidavit insufficient as a matter of law. State v. Ashby, Fla. 1971, 245 So.2d 225. Our review of the record shows that the affidavit is not insufficient as a matter of law. See State v. Smith, Fla. 1970, 233 So.2d 396; and Hicks v. State, Fla.App. 1974, 299 So.2d 44.
Affirmed.